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Renting · New York City

Do I have to pay this broker fee in NYC?

Answer a few questions to see whether the FARE Act puts this broker fee on the landlord, then see what the fee is worth and how to complain.

Updated October 12, 2026 · fact-checked against official sources

Who owes this broker fee?

Step 1

When did you sign the lease or agree to pay this broker fee?

What is the fee worth?
Fee disclosure check
Broker fee
$6,300

If the landlord’s or listing agent charged you this, it’s the amount at stake in a complaint or lawsuit.

Same fee as % of annual rent15.0%
Same fee in months of rent1.80
Spread over a 12-month lease$525 /mo
Effective monthly cost (rent + fee)$4,025

No disclosure red flags from your answers.

Where to complain

File with the NYC Department of Consumer and Worker Protection (DCWP) at nyc.gov/consumers or call 311. DCWP can seek civil penalties and restitution at OATH. The law also lets tenants sue in civil court.

General information, not legal advice. The outcome can depend on your written agreements and who the broker represented.

The short answer

Since June 11, 2025, whoever hires the broker pays the broker. If the broker works for the landlord, including a broker who posted the listing, the landlord pays. You pay only if you chose to hire your own broker to find you an apartment. That is the core of New York City’s Fairness in Apartment Rental Expenses (FARE) Act, Local Law 119 of 2024.

At a glance

In effect since
June 11, 2025
Landlord’s or listing agent fee to tenant
Banned
Fee to a broker you hired yourself
Allowed
Background/credit check fee
$20 max
or actual cost, if lower

How the checker decides

The decision tree above follows the questions DCWP, the city agency that enforces the law, uses in its FAQ:

  • Timing. Fees paid before June 11, 2025 are generally outside the law. If you signed earlier but hadn’t paid yet, DCWP said the ban still applies, with a caveat that earlier contractual obligations may not be covered depending on the circumstances.
  • Who the broker represents. A landlord’s agent represents the landlord. A listing agent publishes listings with the landlord’s permission. The law presumes an agent who posts a listing is authorized by the landlord.
  • Whether hiring was forced. Nobody can make hiring a broker, or a dual agent who works for both sides, a condition of renting an apartment.
Who pays, by situation
Who pays the broker
You answered a listing the broker postedLandlord
The landlord or management sent you to the brokerLandlord
Broker said you must sign with them to see the unitNot allowed: you shouldn’t pay
You hired a broker to search for you, by choiceYou, per your agreement
Fee paid before June 11, 2025Generally not covered

Worked example

You rent a $3,500-a-month apartment from a listing posted by a broker. The broker asks for 15% of a year’s rent: $3,500 × 12 × 15% = $6,300. That equals 1.8 months of rent, or $525 a month extra over a 12-month lease. Because the broker posted the listing, the law presumes they are the landlord’s agent, so the landlord should pay. If you paid it anyway, $6,300 is the amount you would ask DCWP or a court to return.

Fees that must be disclosed

The FARE Act also has disclosure rules. Every listing must clearly show all fees you would have to pay to rent the apartment. Before you sign a lease, the landlord or its agent must give you an itemized written list of every fee you must pay to the landlord or anyone the landlord directs, with a description of each. You sign it, they keep it for three years, and you get a copy. Background and credit check fees are still allowed, but New York law caps them at the actual cost or $20, whichever is less. The landlord must give you a copy of the check and the receipt from the company that ran it, and must waive the fee if you provide a check done in the past 30 days.

What to do next

Read the full explainer on who pays the broker fee now, or the step-by-step broker fee decision tree. Then total up what you actually need at signing with the NYC move-in cost calculator, and check any screening fee with the application fee checker.

Common questions

Who pays the broker fee in NYC now?

Under the FARE Act (Local Law 119 of 2024), in effect since June 11, 2025, a landlord’s agent, including a listing agent, can’t charge the tenant a fee. If you choose to hire your own broker to search for you, you can still agree to pay that broker.

The broker posted the listing. Do I pay?

No. The law presumes that an agent who publishes a listing does so with the landlord’s permission, which makes them the landlord’s agent. That presumption can be rebutted, but the landlord is liable if its listing agent charges you a fee.

Can a broker make me sign with them to see an apartment?

No. No one can condition renting an apartment on the tenant hiring a broker, including a dual agent. Tenant brokers may advertise their services, but they can’t tie specific units or listings to being hired.

I signed my lease before June 11, 2025. Does the law apply?

If you already paid, the FARE Act likely doesn’t help. DCWP said on June 11, 2025 that the ban applies even if the lease was signed earlier but the fee was not yet paid, though its FAQ adds that a contractual obligation that arose before that date may not be covered depending on the circumstances.

What fees can a landlord still charge?

The FARE Act still allows background and credit check fees, which state law caps at the actual cost or $20, whichever is less. All fees you must pay must be disclosed in the listing and in an itemized written disclosure you sign before the lease.

How do I report an illegal broker fee?

File a complaint with the NYC Department of Consumer and Worker Protection at nyc.gov/consumers or by calling 311. DCWP can seek civil penalties and restitution at OATH, and the law also lets tenants sue in civil court.

Fact-checked October 12, 2026

Re-checked 2026-10-12. DCWP FAQ (08/12/2025, PDF read in full): Local Law 119 of 2024, June 11, 2025 effective date, landlord-agent and listing-agent fee ban, rebuttable listing presumption and landlord liability (Admin. Code 20-699.21), no conditioning on hiring a broker or dual agent, tenants may hire and pay their own broker, listing and itemized signed disclosure kept 3 years, DCWP summons/OATH civil penalties and restitution, private right of action, pre-June 11 obligations "may not" be covered. DCWP June 11, 2025 release: ban applies if lease signed earlier but fee unpaid; complaints via 311 or nyc.gov/consumers. RPL 238-a(1)(b): $20 or actual cost, 30-day waiver, copy of check and receipt required. Law still in effect: news reports say the Second Circuit affirmed dismissal of most of REBNY’s claims in July 2026 (not cited as a source). Penalty amounts omitted. Fee math hand-checked: 15% of $42,000 = $6,300 (1.8 months, $525/mo over 12); 1 month on $4,000 over 24 months = $166.67/mo.

Sources

  1. Frequently Asked Questions: Broker Fees (08/12/2025) · NYC Department of Consumer and Worker Protection (accessed October 12, 2026)
  2. DCWP Announces the FARE Act Is Now in Effect (June 11, 2025) · NYC Department of Consumer and Worker Protection (accessed October 12, 2026)
  3. File a Consumer Complaint · NYC Department of Consumer and Worker Protection (accessed October 12, 2026)
  4. NY Real Property Law §238-A (application and background check fees) · New York State Senate (accessed October 12, 2026)

General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.